Groundbreaking Amendments to OHSA Penalties and Limitation Periods

Bill 177 receives Royal Assent and provides ground breaking amendments to penalties and limitation periods.

BILL 177, SCHEDULE 30-OCCUPATIONAL HEALTH AND SAFETY ACT: The Schedule amends the Occupational Health and Safety Act to do the following: 

1. Require an employer to notify a Director under the Act if a committee or a health and safety representative has identified potential structural inadequacies of a workplace as a source of danger or hazard to workers. 

2. Allow for regulations to expand the circumstances in which persons are required to report an accident or other incident under section 53 of the Act and to require additional notices to be provided in the circumstances described in sections 51, 52 and 53 of the Act. 

3. Increase the maximum fine under section 66 of the Act payable by a person and/or corporation upon conviction of an offence under the Act. 

Every person:

• Subsection 66 (1) of the Act is amended by striking out “$25,000” in the portion after clause (c) and substituting “$100,000”.

Corporation:

• Subsection 66 (2) of the Act is amended by striking out “$500,000” and substituting “$1,500,000”.

4. Amend the limitation period for bringing a prosecution under the Act or the regulations.

• Section. 69 No prosecution under this Act or the regulations shall be instituted more than one year after the later of, 

(a) the occurrence of the last act or default upon which the prosecution is based; or 

(b) the day upon which an inspector becomes aware of the alleged offence.